Skip to comments.EPA Finding Gives It Effective Control of the Economy
Posted on 12/07/2009 10:14:03 AM PST by TonyInOhio
The EPA is about to announce that greenhouse gases endanger public health and welfare, something that has in many ways been inevitable since the boneheaded SCOTUS ruling in Mass. vs EPA (which essentially found that the Clean Air Act was always intended to be Kyoto-on-steroids.) With thanks to my colleague Will Yeatman, here's a brief summary of what this means, and why you should be appalled.
Under the Clean Air Act, an endangerment finding means that the EPA will have to grant a waiver to those states (such as California) that want to regulate greenhouse-gas emissions from automobiles. The EPA has already agreed to do so. When pollutants that endanger human health and welfare are regulated, the EPA must expand its regulatory program to include stationary sources. The EPA has already announced that it will do so.
This is where Obama wants to get off the endangerment train, with the ability to regulate stationary and mobile sources (i.e., industry and cars) with almost complete discretion. These endangerment powers give the president tremendous leverage in a number of complex negotiations.
For example, the Obama administration already has told Congress that it will regulate greenhouse gases unless lawmakers deliver a cap-and-trade bill to his desk. The endangerment prerogatives also are the presidents bargaining chip in Copenhagen, where he plans on scoring his first diplomatic victory since his election night.
The problem is that the president can't get off the train where he wants. He simply cant stop what he has started. Under the statutory language of the Clean Air Act, the regulation of mobile sources tripwires regulations for all stationary sources that emit more than 250 tons of a designated pollutant. For greenhouse gases, thats pretty much everything larger than a Gore-sized mansion. These stationary sources would have to get a Prevention of Significant Deterioration permit for any significant modification, as would any new source. They would also have to get operating permits. The upshot is that millions of buildings would be subject to regulations. Small businesses will similarly be affected, as millions of businesses emit that amount of greenhouse gases. Fast-food franchises, apartment blocks, hospitals you name it will find themselves subject to EPA bureaucracy.
To get around this, Obamas EPA proposed a tailoring rule that would change the language of the CAA so that the threshold would be 25,000 tons. The legality of this is very much in doubt, as it amounts to the executive branch legislating, and is therefore a violation of the separation of powers.
Also under the Clean Air Act, any pollutant that endangers human health and welfare, and which is regulated for stationary and mobile sources, becomes subject to National Ambient Air Quality Standards. As described above, the Obama administration is in the process of fulfilling all these NAAQS criteria.
Last week, two environmentalist groups petitioned the EPA to regulate greenhouse gases under NAAQS. Soon the EPA will have no choice. Once the NAAQS kicks in and it will the American economy is, not to put too fine a point on it, screwed. The government wont be able to permit anything larger than a mansion. Taken to the extent mandated under the Clean Air Act, the EPA would probably have to order the shut-down of most industrial suppliers and users of conventional energy.
Theres only one remedy for this otherwise inevitable regulatory nightmare. The Congress must pass H. R. 391, legislation offered by Rep. Marsha Blackburn (R., Tenn.) that prohibits the EPA from using the Clean Air Act to regulate greenhouse-gas emissions.
As I succinctly put it in my post #12, this is -- flat out -- a COUP!
The socialist agenda, through Obama and an EPA fiat, has successfully taken over our economy.
Any tinhorn Latin American dictator would have to envy this bloodless takeover of America.
I can't remember ever being this angry!
I hope that's exactly what they do because it's the only way we'll get most of the drones to snap out of it. The hardcore ones will hold a party, no doubt, but the rest will wake up to see how much damage is being done. It's absurd that it would take something like that, but obviously they aren't seeing it yet so stronger measures are called for.
U.S. Government to all citizens, “Hold your breath”.
‘Critics, such as the U.S. Chamber of Commerce, say the endangerment declaration could spark a cascade of litigation and regulation that could harm the economy.’
And a big time payoff for a bunch of dirty socialist trial lawyers.
EPA bureaucrats are expanding their power under the guise of saving the planet. Also See Malkins links.http://michellemalkin.com/2009/12/07/the-epas-war-on-carbon/
Unfortunately this is necessary for landslides in ‘10 and ‘12, should the GOP actually get serious about being the opposition party. The hardcore lefties/0bamabots will never accept reality b/c to to so would be to admit their own failures and lies. But a solid 55% majority will reject this if given the chance.
The chief industrial and energy businesses in America -- the ones hit hardest by the new EPA ruling -- will now lobby for passing of the Cap-and-Trade bill. Why? Because if it now passes, they won't be the ONLY industries penalized by the EPA ruling. All other industries and businesses will be penalized too, which in effect levels out the playing field.
Obama and the EPA know this. This ruling is, basically, EXTORTION!!!!
Watch: the energy industry will now have a financial reason to support Cap-and-Trade.
[[I can’t remember ever being this angry! ]]
Me either- I ran a website for several years refuting ‘man-caused’ global warming, and I finally gave up in complete frustration knowing that we were never going to win the war against the climate criminals- I had a small spark of hope when climategate broke, thinking that finally, the world could not ignore the FACT that man is NOT to blame for cyclical wamring trends, and that the climate criminals were LYING all along- but my hopes were dashed to pieces once again when I realized right off the bat that these criminals were simply going to change the wording from ‘man-caused global warming’ to ‘man-caused pollution’ and that they were STILL going to enforce laws taxes and fines to ‘fix’ the ‘problem’- thus continuing hteir LIES and FRAUD unabated and unfettered.
Angry and frustrated- knowing there is nothign we are goign to be able to do to stop these criminals
The left must do something about global warming NOW, so that as the proof starts coming out they will claim their efforts worked to stop the warming of the planet.
TODAY: Administrator Jackson to Make Significant Climate Announcement
Release date: 12/07/2009
Contact Information: EPA Press Office, firstname.lastname@example.org, (202) 564-6794
WASHINGTON U.S. Environmental Protection Agency Administrator Lisa P. Jackson will make a significant climate announcement at a press briefing TODAY, December 7. The media briefing will be held at U.S. EPA Headquarters at 1200 Pennsylvania Avenue, N.W., Washington, D.C.
WHO: EPA Administrator Lisa P. Jackson
WHAT: Media Briefing on significant EPA climate announcement
WHEN: Monday, December 7, 1:15 p.m.
WHERE: U.S. EPA Headquarters
Ariel Rios South Building
1200 Pennsylvania Ave, N.W.
For reporters outside of the Washington D.C. area, a conference call in number will be available. Please RSVP to email@example.com for the call in number.
The media briefing will be streamed live via the EPA homepage: http://www.epa.gov
[[I hope that’s exactly what they do because it’s the only way we’ll get most of the drones to snap out of it.]]
They aren’t goign to shut down these businesses- they are simply goign to impose heavy fiens and taxes and ‘carbon credits’, and these businesses will simply go right along with it without resisting liek they have been for a long time now- because they know they are powerless to stop the government from ruining their business- Big business to the government is ghe ‘root of all evil’ and our government will make htem pay for their suppsoed ‘environmental sins’
as well financial institutions are ALL onboard with htis collossal criminal fraud because they are the oens that are goign to be handling al lthe money extorted from businesses in the form of hte carbon credits- these financial institutions stand to make massive massive profits from this criminal fraud, and there is NO WAY the government and the financial institutions are EVER goign to let this fraud die the death it deserves to die.
Invent a ‘’problem’’ that isn’t really a problem and cannot be ‘’solved’’, but the RATS can throw $$$ at it forever.
You two are right. This is going to be the ceiling that they work down from rather the shock treatment I want it to be. I should know better.
They’re not invincible. It’s time for another Revolution.
WHAT IS GOING ON?
Welcome to the ‘Command’ economy!
Nothing? You can think of "nothing we can do to stop these criminals"?
Review American history and re-think what you're saying. There are solutions.
(I can’t remember ever being this angry)...me too.
This Gov. is moving so fast that it’s becoming difficult keeping up. I’ve never made so many phone calls, e-mails etc. to oppose this onslaught. Of course thinning out the opposition and keeping us on the run is a war tactic.
Don’t know if I’m madder at those who are moving this agenda to destroy our country or those who are in position to do something about it.
But war is war and I’m in it for the longhaul.....
The United States government just made breathing illegal...
THINK ABOUT THAT.